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Image by Richard Burton from Pixabay 

March 8, 2024 – WASHINGTON — An Indiana man has been arrested on felony and misdemeanor charges related to his conduct during the breach of the U.S. Capitol on Jan. 6, 2021. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

David Scott Kuntz, 53, of Elizabeth, Indiana, is charged in a criminal complaint filed in the District of Columbia with a felony offense of obstruction of an official proceeding and misdemeanor offenses of entering and remaining in a restricted building or grounds and disorderly and disruptive conduct in a restricted building or grounds.

The FBI arrested Kuntz on Thursday in Indiana, and he made his initial appearance in the Southern District of Indiana.

According to court documents, Kuntz traveled to Washington, D.C., to attend the rally for then-President Donald Trump on Jan. 6, 2021. Kuntz was identified in open-source video footage on January 6th within the restricted area of the U.S. Capitol wearing a black tactical vest, with a red and white reaper image on the back.

Court documents say that Kuntz was seen outside the Parliamentarian Door on the Upper West Terrace of Capitol grounds shortly after it had been breached by rioters at approximately 2:42 p.m. As rioters swarmed the Parliamentarian Door, Kuntz watched and called out, “F— the police!” Kuntz is then seen on the Upper West Terrace outside the Senate Wing Door.

In the days leading to the events of January 6th, Kuntz frequently discussed his intentions for that day on social media. In one Facebook post on or about Dec. 14, 2020, Kuntz wrote:

“This is Reaper. January the 20th in Washington D.C. is our day they will see we are not playing anymore we are going fully armed. No more fucken games guy’s you are in this 100% or your out and be a couch keyboard patriot we go in numbers they will not be able to do shit to us you must not be scared and be ready to not go home if something goes down you must start making a big stand no more rules this is our country no there’s if you are in then say you are in and mean it no i will be there and not show up tell all groups you no to be thete in force. Tell all guy’s no fucken around on this time to do what we have been training for.”

According to court documents, in late December 2020, Kuntz’s focus shifted from Jan. 20, 2021, to Jan. 6, 2021.  Court documents say that Kuntz was also involved in multiple encrypted chat groups.  In one particular post, a user in the group wrote, “What is the goal of this group or chat? What are we trying to accomplish?” Kuntz, who, according to court documents, is associated with a Three Percenter militia, responded, “Getting groups in here to fig shit out what our next move will be when s— goes crazy.”

Kuntz then asked another user in the group, “Are you still going on the 6th to D.C.” The user responded, “Groups over here are talking about it now. The 6th is when they count the electoral votes. Republican Senators and Congressmen will be objecting to the votes, this is where things can change.” Kuntz then responded, “Yes but i do believe thats when shit will get crazy what you think.” The other user replied, “It will get nuts if the vote is sent to the House to vote and the People’s vote is considered null and void.”

In another set of messages, Kuntz shared a tweet from then-President Trump, which read, “See you in Washington, DC, on January 6th. Don’t miss it. Information to follow!” Kuntz added, “He is asking us to be there.” Another individual wrote, “Y’all wanna do it. Ask your self. Are you really ready. This is not for the faint of heart. Kuntz responded, “Good he does need us im going armed period.” He added, “alot of groups are going in hot.”

The U.S. Attorney's Office for the District of Columbia and the Department of Justice National Security Division's Counterterrorism Section are prosecuting this case. The U.S. Attorney's Office for the Southern District of Indiana provided valuable assistance.

The FBI's Indianapolis, Louisville, and Washington Field Offices are investigating this case. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

In the 38 months since Jan. 6, 2021, more than 1,358 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 486 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

A complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Attachment: kuntz_sof.pdf [PDF, 13 MB]

Source: DOJ Release